RicardoUSN

[RicardoUSN]

VP-47 aircrew 77-81 must prove visit(s) to Guam (boots on ground) during 1st WESTPAC deployment. Fellow crew members are dead, not responding or hiding….     
No luck so far.
Suggestions for establishing/proving Guam flights/visits as aircrew        (SS3-Radar) to the snake infested paradise via P-3….                     Anyone, anyone…?

[Dustoff1970]

A signed lay statement from you that you were on the flight/s with Guam stop over during that important time period can make a positive difference along with any amount of evidence you can muster showing you were assigned by MOS as a crew member to that type aircraft and unit, etc.  I could go on and on about other important info/document copies you could provide but you get the drift. 

I always stated (not necessary) that my statements were true and accurate to best of my  recollection.  This is like swearing under oath with possible penalties of perjury in applying for gov benefits. 

In depth internet research about your unit may provide other important info for you to use.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited August 7, 2023 by Dustoff1970

[broncovet]

I recall reading a cavc case (no, I cant cite it), that indicates "a Veterans own testimony" can not be disregarded based solely on the Veteran being an "interested party" to the claim.  

My personal experience has been the BVA "renders a decision" as to the credibility of the Veterans own testimony, and must give a reasons and bases for regarding the Veterans own testimony as "not credible".  

An example of this might be if the Veteran testimony was inconsistent with the known medical facts (that is, the doctors reports, or other known facts) then the Board could deem his testimony "not credible".  

In my case, as always, I was careful to tell the truth, and the Board determined that my testimony was "consistent with the known facts", and ruled my testimony was credible.  This was "key" to winning my benefits.  

This is not that much different with other courts, the judge often has to decide who he thinks is lying, if there is conflicting testimony. A good judge will often pick someone with a great history, such as, perhaps a teacher in good standing over someone such as a convicted criminal.    Often its not black and white like this, but the judge is listening to your testimony and comparing it with other known facts, looking for inconsistencies.  This is why its best to tell the truth 100 percent of the time, because, VA is pretty good at sniffing out liars, and I always advise to tell the truth and not exaggerate your symptoms.  If you do this, you will sleep well at night, and not worry about reductions.  

I always, however, have trouble remembering "when" xyz event happened.  So, Im careful to look up the date, rather than venture a guess that could be wrong and hurt my credibility.  

For example, if someone asks "when did you get your first car?" 

Heck, I think I was 16, but dont really recall if it was after my 16th birthday or before.  If I remember that wrong, does it mean I never got a first car, or, that I did not love my Dad for taking the time to help me find it?  No.  I remember the car, and I remember my dad helping me almost every saturday for a year or so to find just the right car.  I just dont remember dates, is what it means.  It does not mean Im dishonest, it means that dates dont mean that much to me, but what happened does, and I recall many details:  The color of the 55 chevy, how much I paid, the rusted through holes above the headlights, and how I loved the car so much I slept in it.  But I dont know the date.  Some people remember dates and others do not consider that imortant.  

Our anniversary date to my spouse is important.  I remember getting married..and lots of things at the wedding.  But, I did not remember the date until my spouse kinda drilled it into my head that I had better remember it, or not have another anniversary.  

It reminded me of the miltary.  YOU had better know your SSN (or service number, when I was in) or ELSE.  So, I knew I would be punished not recalling my service number and took some effort to memorize it.  

But, do I remember the date I   Got promoted?  No.  I know I got promoted from E1, e2, e3, e4, and to e5, but I have no idea when.  I know it happened, but it was not important that I memorized the dates.  So, if va asked me the date, I would admit to not recalling the date, but that they should check my records.  

My spouse remembers the date of our first kiss (I dont), and the dates of lots of stuff.  She forgives me for forgetting those, I remember many of the details but, just not the dates.  

I know that va is ANAL about dates.  So, dont guess.  If they ask you the same question later, and you give different dates, then they can consider you a liar.  I think thats unfair...to hold our feet to the fire on guestimates, but know they do that and have to deal with that.  

 

 

Edited August 13, 2023 by broncovet

[Rattler]

The VA has access to records that we cant access in the national archives. Like flight logs. Where you were stationed Co loges etc. They are spouse to look it up in a claim like yours. This doesn't mean they will.